Wilson Harle - Publications

Publications

2025

Beca Carter v Wellington City Council: Supreme Court confirms 10 year “longstop” period in Building Act 2004 does not apply to contribution claims

Declarations of defamation liability and the defence of responsible publication

Artificial Intelligence in the Courtroom: Implications for New Zealand’s Litigation Landscape

Love and Trusts in New Zealand’s highest court

Its Getting Hot in Herre:^1^ So Let’s Judicially Review Your Work

Fundamental Changes to High Court Procedure: What Litigants Need to Know

2024

Supreme Court confirms Māori Land Court jurisdiction over a discretionary trust

The Subtle Art of Drafting Retention Clauses

Supreme Court decision on contract interpretation and exclusion clauses in liability insurance policies

The Place of Tikanga Māori following the decision in Smith v Fonterra

New Zealand courts release guidance on generative artificial intelligence

2023

Supreme Court clarifies duties of directors to protect creditors from insolvency risks

Supreme Court reaffirms significance of statutory context in judicial reasonableness review of public body decisions

Can a party to a three-way relationship bring a claim for entitlement to a share in property under legislation aimed at couples?

Court of Appeal clarifies Māori Land Court jurisdiction over discretionary trusts

Can AI be an "inventor" under the Patent Act 2013?

How do the Treaty of Waitangi and tikanga Māori affect statutory decision-makers?

Addressing problem of multiplicity of class action proceedings

New Zealand's Supreme Court on freedom of expression and "heckler's veto"

2022

Supreme Court finds setting voting age at 18 inconsistent with Bill of Rights Act

Court clarifies correct approach to interpretation of exclusion clauses in insurance contracts

Supreme Court clarifies limits on right to terminate a contract for non-fulfilment of condition

Court rules on legality of vaccine mandate order

Review of dishonest assistance and knowing receipt in New Zealand

2021

NZ Court of Appeal examines requirements for tort of invasion of privacy

Too hot to handle: NZ Court of Appeal strikes out first attempt to use tort law to combat climate change

Class actions and litigation funding in New Zealand

New Zealand High Court confirms trustee's right of indemnity extends to former trustee in liquidation

Must trustees disclose legal advice to beneficiaries? NZ Supreme Court provides an answer

Steel & Tube decision: Court of Appeal rules on sentencing and determining company's state of mind

2020

Cryptocurrencies as property

Contractual interpretation revisited

Court of Appeal confirms right to cancel insurance contract for fraudulent claims

Contractual penalties: Supreme Court confirms New Zealand's adoption of recast penalty rule

First judicial consideration of covid-19 decisions

Opting in or opting out: representative action

Clear course charted through loss of a chance quagmire

What constitutes 'hunt or kill'? Supreme Court's shark cage diving decision illustrates interpretation difficulties

2019

Supreme Court confirms that replacement cover rights are not assignable

Contractual penalties: Court of Appeal upholds High Court's decision in Honey Bees

Diminution Not Required For Voidable Transactions

Court costs when using employed lawyers – return to status quo ante

No jurisdiction without service: difficulties obtaining interim injunctions against offshore companies

2018

Supreme Court brings final clarity to prospectus liability

Contractual penalties again

No costs entitlement without lawyer's invoice – parties using in-house lawyers lose entitlement to costs

Context is everything – court adopts purposive approach to runway end safety area criteria

Major changes to privacy laws: implications for New Zealand businesses

Duty of care owed by local authority to commissioning owner after stadium collapse

Supreme Court decision seen as warning for litigation funders

2017

Amendments to Evidence Act for civil litigators

Supreme Court enforces 'use it or lose it' trademark rule

Court of Appeal sheds light on new approach to penalties in Torchlight decision

Substantial security for costs ordered for third-party funded claims

Supreme Court upholds smoking ban in mental health facilities

Breach of disclosure requirements aborts complex financial crime trial

Court of Appeal upholds prisoner voting rights declaration

No duty of care owed by local authority to commissioning owner after stadium collapse

Restricted scope of judicial review for government procurement decisions restored by Court of Appeal

Litigation funding in New Zealand

2016

Appeal comprehensively clarifies prospectus liability

Cloud storage operator ordered to disclose user details for use in foreign proceeding

Court of Appeal upholds Waitemata District Health Board smoking ban

Journalistic Privilege upheld as police warrant and search ruled unlawful

Blanket approach insufficient under official information legislation

Attempts to re-register overseas financial service providers run into confusion

Extent of lease obligations for remediation of contamination

2015

Wilson Harle is awarded the Litigation and Dispute Resolution Specialist Law Firm of the Year at the NZ Law Awards 2015

Earthquake insurance: problems of successive events and allocation of loss

Government Procurement Rules used to set aside Ministry's Procurement Decision

Supreme Court clarifies effect of Arbitration Agreements

Lawyer negligence in property deals - appeal courts confirm causation test

Unravelling trust assets - trustee powers deemed relationship property

Supreme Court and Parliament ease restrictions on awards of interest on court claims

2014

High Court interves (again) at election time in broadcaster's planned political debate

Court of Appeal clarifies Extraterritorial Application of the Maritime Transport Act

Kim Dotcom cases test boundaries of international mutual assistance regime

New Zealand courts consider interrelationship between cross-border insolvency and admiralty claims

Getting The Deal Through - Anti-Money Laundering 2014

Freight forwarding Cartel and agreed penalty settlements: “The Gardening Club” finally pruned

High court issues guidance for MV Rena limitation fund claimants

Fraud & Financial Crime Newsletter

2013

Supreme Court mandates disclosure of litigation funding agreements

Service of proceedings on Facebook

High Court confirms boat builder's right to arrest

High Court clarifies jurisdiction over New Zealand ships on high seas

Challenge to the Sale of New Zealand Assets: The New Zealand Māori Council and Others v The Attorney General

2012

Owner of MV Rena convicted and fined

Supreme Court examines interplay of contractual and tortious liability

Offshore parent companies held accountable for competition law breaches

Supreme Court rules post-sterilisation pregnancy is personal injury

Charges Laid in Relation to MV Rena Grounding

High Court extends protection for lien holders

Court's interpretation of Carriage of Goods Act casts doubt on limits of liability

High Court finds Ministers applied wrong test for economic benefits of major farm acquisition by overseas purchaser

Overhaul of High Court discovery rules

2011

Assessing the impact of the Rena disaster

Maritime New Zealand denied appeal in safe ship management company case

A sea change in civil procedure

Law change to aid Australia-New Zealand proceedings

Caveator beware: abuse of process in admiralty proceedings

2010

Forum non conveniens considerations in admiralty in rem proceedings

The new Limitation Act: limitation in admiralty proceedings

Transformation from Repudiation to Cancellation - Court of Appeal analysis

High Court rules in Supreme Court judge conduct case

Judicial challenge to inquiry into conduct of Supreme Court judge

Use of Evidence of Prior Negotiations in Contract Interpretation

Tasman Pioneer: Supreme Court rules on carrier's responsibility for loss

Supreme Court rules on carrier status under Carriage of Goods Act

2009

Who Is the Master? Court of Appeal Rules on Duty to Report Accidents

High Court's reminder: remedies for judicial review claims are discretionary

Supreme Court clarifies Commerce Commission's information-gathering powers

Email Chains: Discovery Obligations

Security Interests in Ships

Is Master's Outrageous Conduct an Act in the Navigation and Management of a Ship?

High Court Allows Service of Proceedings on Facebook

High Court Procedural Rules Revised

High Court Applies Anti-spam Law

Indefeasibility of Title and the Problem with All-Obligations Mortgages

2008

Supreme Court Rules on Unconscionable Contracts

Judicial Review of Abortion Law Examines Gap between Legislation and Practice